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latest events and musings from the Road Share
Campaign.

For 67
year old experienced cyclist Alexander Gibson, a leisurely tour of
the North West highlands turned out to be the beginning of a long
and painful legal battle after being accused of being responsible
for a serious collision with a minibus which put him in
hospital.

After 18
months fighting against the driver’s large insurance company, they
finally admitted liability, showing just how necessary it is to
make changes to the way vulnerable road users are treated in the
event of road traffic accidents.

Mr
Gibson, from West Lothian, typically rides around 200 miles a week.
He was travelling on the popular tourist route along the A87, just
four miles south of Eilean Donan Castle, when he was struck from
behind and thrown from his bicycle on 1 April
2013.

Paramedics found
Alexander lying in the middle of his carriageway with his bike on
the verge. An investigation later established the rear of Mr
Gibson’s saddle had been hit by the minibus’ front right wing
whilst the vehicle was attempting to overtake.

However,
because of Alex’s deteriorating medical condition at the scene of
the accident, paramedics were forced to remove him
to hospital before the police arrived. This meant the only version
of events the police officer heard was that of the minibus driver
who claimed Alex had veered into his path. The police chose not
bring any criminal charges.

Mr Gibson
then sought the help of specialist law firm Cycle Law Scotland and
proceeded to raise a civil case against the driver.

Alex
said:

“Since my
accident, I felt like I had to continually fight
my corner against the police, the driver and his insurance
provider.

“On the
day of the collision, my wife was not informed by
officers of what had happened and it took five hours and some of
her own detective work to discover I was lying in the local
hospital.

“I felt
truly shocked that the police had made their decision not to
prosecute the driver and that I was now being accused of fault in
my hospital bed.

“When I
contacted Cycle Law Scotland, it was to find out
how they could help me seek some level of justice.

“I am
glad the driver has finally admitted liability,
but it doesn’t make up for the time lost and the pain I’ve
suffered.”

Initially,
the hospital had reported to police that Mr Gibson had suffered a
soft tissue injury to his right shoulder and right arm as well as
lacerations to his right elbow which required stitches and that he
was waiting on X-rays for a suspected fracture. It wasn’t
until three months later, during further medical investigations
proposed by Cycle Law Scotland, that the full extent of Alex’s
injuries were discovered. He had actually suffered three separate
cracks in the bones around his pelvis.

His
injuries left him unable to drive or cycle and he was required to
use crutches for eight weeks.

Brenda
Mitchell, specialist Lawyer at Cycle Law Scotland and the
founder of the Road Share campaign for presumed liability on
Scotland’s roads, said:

“Mr
Gibson’s situation seemed like an open and shut case at
first, but the failure of the insurance company to
answer our letter of claim and all calls over the initial six
months resulted in proceedings being raised in Court.

“The
driver’s insurance company finally admitted liability just two
months before the court hearing date.

“In this
case, I made reference to Rule 163 of the Highway
Code which indicates that drivers should give vulnerable road users
at least as much space as you would a car when overtaking. Had the
driver of the minibus done that, this incident
would not have occurred. Consequently, the significant costs
incurred to the drivers’ insurance company could have been
avoided.

“If we
had a system of presumed liability in Scottish Civil
Law, it would have been up to the insurance
company to prove that Alexander Gibson was at fault not the other
way around.

“Under
presumed liability, liability could have been
admitted in a matter of weeks and the case would have been settled
with very little cost to the insurance company and much less
emotional turmoil for the injured cyclist.”

Steering
Group

The Road
Share campaign has set up a steering group to take things
forward.

To find
out more about the individual members of the Steering group and its
overall remit.